Currently, there are no generally applicable legal regulations in the field of digital succession in the majority of legal orders. However, such legal provisions are needed because digital assets are getting more and more significant in the contemporary world. Entry into force of legal regulations in this area should be preceded by creation of legal theory of digital succession. Therefore, it is necessary to consider fundamental principles of digital asset inheritance system. The author of this work reviews current theoretical and practical approaches to the matters of digital succession. Considerations included in this work lead to answer to the question how to create fundamental principles of digital succession system. Furthermore, there are separate recommendations for legislators, end-users, digital service providers and judiciary in this work. Hence, this article seems not only theoretical but also practical.
{"title":"Digital assets and inheritance law: How to create fundamental principles of digital succession system?","authors":"Paweł Szwajdler","doi":"10.1093/ijlit/eaad014","DOIUrl":"https://doi.org/10.1093/ijlit/eaad014","url":null,"abstract":"\u0000 Currently, there are no generally applicable legal regulations in the field of digital succession in the majority of legal orders. However, such legal provisions are needed because digital assets are getting more and more significant in the contemporary world. Entry into force of legal regulations in this area should be preceded by creation of legal theory of digital succession. Therefore, it is necessary to consider fundamental principles of digital asset inheritance system. The author of this work reviews current theoretical and practical approaches to the matters of digital succession. Considerations included in this work lead to answer to the question how to create fundamental principles of digital succession system. Furthermore, there are separate recommendations for legislators, end-users, digital service providers and judiciary in this work. Hence, this article seems not only theoretical but also practical.","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"31 1","pages":"144-168"},"PeriodicalIF":1.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60804552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The development and interest in decision-making that is or can be automated have opened the doors of debate regarding the form and substance of related means of regulating its application. Part of this discourse involves proposals advocating for the creation of a new human right not to be subject to an automated decision. This article questions whether such a right is necessary in light of existing substantive rules under legal frameworks already applicable to automated decision-making, specifically data protection, non-discrimination and human rights. There are also procedural challenges requiring treatment if automated decision-making is to be adequately addressed by application of the law. Exploring these challenges helps appreciate the significance of ensuring that existing substantive law is better implemented for the purpose of protecting human beings in settings where automated decision-making poses risks to individuals and groups.
{"title":"The questionable necessity of a new human right against being subject to automated decision-making","authors":"Elena Abrusci, Richard Mackenzie-Gray Scott","doi":"10.1093/ijlit/eaad013","DOIUrl":"https://doi.org/10.1093/ijlit/eaad013","url":null,"abstract":"\u0000 The development and interest in decision-making that is or can be automated have opened the doors of debate regarding the form and substance of related means of regulating its application. Part of this discourse involves proposals advocating for the creation of a new human right not to be subject to an automated decision. This article questions whether such a right is necessary in light of existing substantive rules under legal frameworks already applicable to automated decision-making, specifically data protection, non-discrimination and human rights. There are also procedural challenges requiring treatment if automated decision-making is to be adequately addressed by application of the law. Exploring these challenges helps appreciate the significance of ensuring that existing substantive law is better implemented for the purpose of protecting human beings in settings where automated decision-making poses risks to individuals and groups.","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"31 1","pages":"114-143"},"PeriodicalIF":1.0,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60804450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Copyright Exhaustion: Law and Policy in the United States and the European Union, by Péter Mezei","authors":"B. J. Jütte","doi":"10.1093/ijlit/eaad010","DOIUrl":"https://doi.org/10.1093/ijlit/eaad010","url":null,"abstract":"","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"31 1","pages":"169-170"},"PeriodicalIF":1.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60804371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the complex role of social media platforms in transitional justice processes, with a particular focus on the challenges and impediments these platforms can present. Using the Rohingya genocide as a case study, we scrutinize the destructive impact that social media, especially Facebook, can have when misused for inciting hate speech and violence. Furthermore, the article delves into the governance mechanisms of social media platforms, shedding light on the failures that contributed to the genocide. In this exploration, we identify both internal and external governance mechanisms that faltered in their duty to protect human rights. The article also scrutinizes legal mechanisms available for bringing justice to genocide victims at both international and domestic levels. Ultimately, this article contributes to ongoing discussions about digital platform accountability, the intersection of human rights and online content moderation and the importance of rigorous platform governance in the context of transitional justice.
{"title":"Transitional justice and online social platforms: Facebook and the Rohingya genocide","authors":"Hesam Nourooz Pour","doi":"10.1093/ijlit/eaad016","DOIUrl":"https://doi.org/10.1093/ijlit/eaad016","url":null,"abstract":"\u0000 This article examines the complex role of social media platforms in transitional justice processes, with a particular focus on the challenges and impediments these platforms can present. Using the Rohingya genocide as a case study, we scrutinize the destructive impact that social media, especially Facebook, can have when misused for inciting hate speech and violence. Furthermore, the article delves into the governance mechanisms of social media platforms, shedding light on the failures that contributed to the genocide. In this exploration, we identify both internal and external governance mechanisms that faltered in their duty to protect human rights. The article also scrutinizes legal mechanisms available for bringing justice to genocide victims at both international and domestic levels. Ultimately, this article contributes to ongoing discussions about digital platform accountability, the intersection of human rights and online content moderation and the importance of rigorous platform governance in the context of transitional justice.","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"14 1","pages":"95-113"},"PeriodicalIF":1.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60804570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How should the law treat digital remains, namely, digital personal information of deceased people? Two rival conceptions compete over the best framing: property and privacy. Under property framing, digital remains are just another form of assets, subject to succession law; under privacy framing, digital remains are personal data, and upon death, are not part of the estate. However, whether privacy rights survive death is contested. This article distinguishes between four legal categories of digital remains (intangible items, information about property, intellectual property and personal data), unpacks the two rival framings, and argues that the property framework captures the first three categories of digital remains, but not the last. The article examines the argument for posthumous privacy and concludes that at most, the law should protect reasonable expectations of the living regarding their post-mortem condition, subject to balancing them with competing interests and rights of the living.
{"title":"Digital remains: property or privacy?","authors":"Michael Birnhack, Tal Morse","doi":"10.1093/ijlit/eaac019","DOIUrl":"https://doi.org/10.1093/ijlit/eaac019","url":null,"abstract":"How should the law treat digital remains, namely, digital personal information of deceased people? Two rival conceptions compete over the best framing: property and privacy. Under property framing, digital remains are just another form of assets, subject to succession law; under privacy framing, digital remains are personal data, and upon death, are not part of the estate. However, whether privacy rights survive death is contested. This article distinguishes between four legal categories of digital remains (intangible items, information about property, intellectual property and personal data), unpacks the two rival framings, and argues that the property framework captures the first three categories of digital remains, but not the last. The article examines the argument for posthumous privacy and concludes that at most, the law should protect reasonable expectations of the living regarding their post-mortem condition, subject to balancing them with competing interests and rights of the living.","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"285 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138534079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rita Matulionyte, Paul Nolan, Farah Magrabi, Amin Beheshti
Despite its exponential growth, artificial intelligence (AI) in healthcare faces various challenges. One of them is a lack of explainability of AI medical devices, which arguably leads to insufficient trust in AI technologies, quality, and accountability and liability issues. The aim of this paper is to examine whether, why and to what extent AI explainability should be demanded with relation to AI-enabled medical devices and their outputs. Relying on a critical analysis of interdisciplinary literature on this topic and an empirical study, we conclude that the role of AI explainability in the medical AI context is a limited one. If narrowly defined, AI explainability principle is capable of addressing only a limited range of challenges associated with AI and is likely to reach fewer goals than sometimes expected. The study shows that, instead of technical explainability of medical AI devices, most stakeholders need more transparency around its development and quality assurance process.
{"title":"Should AI-enabled medical devices be explainable?","authors":"Rita Matulionyte, Paul Nolan, Farah Magrabi, Amin Beheshti","doi":"10.1093/ijlit/eaac015","DOIUrl":"https://doi.org/10.1093/ijlit/eaac015","url":null,"abstract":"Despite its exponential growth, artificial intelligence (AI) in healthcare faces various challenges. One of them is a lack of explainability of AI medical devices, which arguably leads to insufficient trust in AI technologies, quality, and accountability and liability issues. The aim of this paper is to examine whether, why and to what extent AI explainability should be demanded with relation to AI-enabled medical devices and their outputs. Relying on a critical analysis of interdisciplinary literature on this topic and an empirical study, we conclude that the role of AI explainability in the medical AI context is a limited one. If narrowly defined, AI explainability principle is capable of addressing only a limited range of challenges associated with AI and is likely to reach fewer goals than sometimes expected. The study shows that, instead of technical explainability of medical AI devices, most stakeholders need more transparency around its development and quality assurance process.","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"34 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138534102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Towards a calibrated trust-based approach to the use of facial recognition technology","authors":"Gary K. Y. Chan","doi":"10.1093/ijlit/eaab011","DOIUrl":"https://doi.org/10.1093/ijlit/eaab011","url":null,"abstract":"","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"29 1","pages":"305-331"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60803453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Digital constitutionalism in the new era of Internet governance","authors":"G. D. Gregorio, R. Radu","doi":"10.1093/ijlit/eaac004","DOIUrl":"https://doi.org/10.1093/ijlit/eaac004","url":null,"abstract":"","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"30 1","pages":"68-87"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60803875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Defining legal technology and its implications","authors":"Ryan Whalen","doi":"10.1093/ijlit/eaac005","DOIUrl":"https://doi.org/10.1093/ijlit/eaac005","url":null,"abstract":"","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"30 1","pages":"47-67"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60803932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Internet Jurisdiction - Law and Practice by Julia Hörnle","authors":"Zo Asser","doi":"10.1093/ijlit/eaac009","DOIUrl":"https://doi.org/10.1093/ijlit/eaac009","url":null,"abstract":"","PeriodicalId":44278,"journal":{"name":"International Journal of Law and Information Technology","volume":"30 1","pages":"110-114"},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60803888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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